Welcome to the fgdavao.com website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
You confirm your understanding of the Terms and Conditions by accessing this Site. You shall not use this website if you disagree with the Terms and Conditions of use. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
You must be at least 18 years of age or access the Site under the supervision of a parent or legal guardian.
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of procuring personal items sold on the Site. Commercial use or use on behalf of any third party is forbidden, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. This Sit may contain product representations that are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by notifying us at fgdavao [at] gmail.com.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
ORDER ACCEPTANCE AND PRICING
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number. We will do this by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Flowers And Gifts Davao reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, floor, earthquake, subsidence, epidemic or other Natural disaster
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
FAULTY PRODUCTS
Flowers And Gifts Davao is proud to offer our customers quality products. We will endeavor to supply you with product your have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. If this occurs please either email us at fgdavao [at] gmail.com or contact our Customer Service Team. See Delivery and Return Policy here.
TRADEMARKS
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
INTELLECTUAL PROPERTY
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Philippine copyright laws and international conventions. All rights are reserved.
USER SUBMISSION
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. See Privacy Policy here. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
CHILD PROTECTION
We take special care to protect the safety and privacy of children. Our Site is a general audience site. Consumers making purchases on our Site must have a valid credit card and be 18 years of age or older. It is the policy of Flowers And Gifts Davao not to collect personal information on any person under the age of 18 and we request that any person under age 18 not submit any personal information via our site. Our reminder and greeting services are designed not to gather birthdates (with years) or other personal information for children under 13.
GENERAL DISCLAIMER OF LIABILITY
No member of our company (or any other person involved with the provision and maintenance of this Website) takes any responsibility for the accuracy of the information provided on this Website. Use of such information is at the user’s sole risk. No member of our company accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
(i) use of this Website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or
(ii) reliance on the information contained in this Website, whether: downloaded or not; authorized or not.
We make no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this Website or the completeness or accuracy of such information.
CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Davao City, Philippines. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of the Philippines and to waive any objections based upon venue.
ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Davao City, Philippines. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the Philippines and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
Delivery And Return Policy
1. Placement of Order
Our cut off time is 12:00 PM Philippines Standard Time for same day delivery in Davao City areas only. Orders received beyond cut off time will be delivered on the following day. In some cases, we accept same day deliveries beyond the cut off time. Please send us an email for confirmation.
We accept and process orders daily from Monday to Sunday.
Same day delivery is not applicable during peak seasons (Valentines Day, Christmas Day, Mother’s Day).
We cannot accept Order Forms from customers under the age of eighteen (18) years.
2. Order Status
Processing – Order is recieved and the payment confirmed.
Pending Payment – Order is received, payment is Unconfirmed.
On Hold – Order is received. Order is Unpaid. Buyer has not provided Proof of Full Payment. Order has a an additional surcharge that is unpaid. Order has incomplete details.
Completed – Order is delivered.
Cancelled – Order is cancelled by recipient. Order is canclled by admin.
Refunded – Order is cancelled and refunded.
3. Delivery Details
It is the responsibility of the buyer to provide Complete and Accurate Delivery Details.
Failure to provide Complete and Accurate Delivery Details would automatically de-prioritized and may be subject to Cancellation.
1 Order = 1 Delivery Attempt
4. Recipient Availability
If the recipient is not available upon delivery, next of kin or representative may recieve the product.
If the recipient, next of kin, or a member of the household is not available – neighbor closest to the address may recieve the gifts as a representative on behalf of the recipient.
Recipient will be advised on the arrangement.
5. Time of Delivery
Regular Season
Our regular delivery schedule starts by 10:00 AM up to 7:00 PM only. Flowers And Gifts Davao is generally unable to guarantee specific delivery times. If this is the case, you will be notified during the purchase process.
Morning deliveries are made before 1:00 p.m., and afternoon deliveries are made after that time.
For customers who are requesting for a specific time of delivery we advise to place your orders at least 3-4 days before date of delivery and e-mail us at fgdavao [at] gmail.com. Write your Order ID as the Subject then tell us what time you want your order to deliver. Time range should be at least 3 hours.
Expedite fee is subject to increase depending on the relative difficulty of the delivery process including but not limited to distance of the address and during peak seasons.
Peak Season (Valentine’s Week, Mother’s Day Week, Christmas and New Year Holidays)
Delivery schedule for peak season is handled on a day-to-day availability.
6. Delivery Areas
As a local flower shop that is based in Davao City, we primarily cater and prioritize deliveries within Davao City. If you request delivery to remote areas which are not normally delivered to by us you will be advised of any additional charges as soon as possible after receipt of your Order Form. Selected products are not available for delivery to certain areas – where possible we will advise you of these restrictions when you place your order.
Deliveries to remote areas are scheduled at 3pm-8pm.
7. Substitution Policy
Flowers And Gifts Davao will always attempt to fulfill an order as closely as possible. The product images of our flower arrangements are for illustration purposes only. However if the container, flowers or other items that comprise the order are unavailable, the order will be substituted with content equal to the original value of the order.
In single-variety arrangements the variety will take precedence over color. For instance, if an order is for yellow daisies, they will substitute another color of daisies, not another yellow flower. White roses and cream roses may be substituted for each other as well as peach roses and pink roses. Purple and pink orchids may need to be substituted for white orchids and visa versa.
Substitutions within a basket may be made with items of greater or equal value if necessary to guarantee freshness and timely delivery.
8. Quality Policy
Flower arrangements are unique and handmade, so no two are ever identical. Every effort is made to match orders as closely as possible to the product photos and descriptions. While minor variations are sometimes necessary, the concept and value of the item ordered is always guaranteed.
Flowers And Gifts Davao is not responsible for decreased flower and plant quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender, or requests of change in delivery schedule.
9. Anonymity and Surprise Deliveries
Surprise Deliveries and Anonymity Requests should be made at least 3 days prior delivery. Email us at fgdavao [at] gmail.com
We should not be held liable for unsuccessful deliveries that may occur due to anonymity and/or surprise delivery requests.
10. Sender’s Obligations
It is the full responsibility of the sender to provide us with an active phone number and the complete and correct delivery address. We cannot offer guaranteed delivery without the said details. Failure to do so may result unsuccessful delivery.
If our delivery personnel report that the delivery address is incorrect, we will attempt to contact you and acquire new information subject for Re-Delivery and applicable fees. We will not be liable, however, if we are unable to make a delivery due to incorrect delivery information and absence of an active phone number, and we will not be able to issue a refund.
You will be given the opportunity to adjust the information up to two business days before the delivery date.
Undelivered gift items will be returned to our office. Sender or recipient is welcomed to pick-up the items or arrange for Re-Delivery.
11. Re-Delivery
If a delivery has been attempted unsuccessfully and requires a second or subsequent delivery to be made (eg. You have provided us with an incorrect address) a 480php redelivery fee will apply. If Flowers And Gifts Davao is in any way responsible for the redelivery this redelivery fee will not apply.
For perishable items (flowers, food, cake and etc.), sender must again pay the specific amount of the item/s ordered for us to deliver new and fresh products. Otherwise, we will send the same item we first attempted to deliver.
12. Recipient Communication
We will contact your recipient before we deliver to make sure that the recipient is available to receive the order and we can verify the exact.
13. Undelivered Claims
If any customer claims an order was not delivered, we ask that we are given at least 24-48 hours to investigate and to determine what has occurred. In many cases, delivery was attempted but either the recipient was not home/office and/or no neighbors were available to accept the order.
A card and/or a SMS will be left stating attempted delivery and will include details of how to collect them or arrange re-delivery. If appropriate, we will also contact you when delivery issues arise. Refunds under the said circumstance will not be honored. We reserve the right to attempt a redelivery if this occurs.
If we are unable to deliver your item on the selected date due to circumstances within our control, you are entitled to a full refund.
We regret that we cannot accept complaints of non-delivery made after 30 days. In such event no refund is possible.
14. Undeliverable Locations
Orders to hospitals, hotels, or company addresses are not guaranteed, but in most cases arrive as requested. If your delivery is going to such a location, please provide the name and telephone number of the hospital, hotel, or company. In the case of hospitals, we also need the recipient’s ward and room number.
Flowers And Gifts Davao will attempt to deliver your bouquet in accordance with each facility’s procedures, but cannot be held liable if these procedures prevent successful delivery. Please note that many hospitals do not permit delivery to individual rooms, and that most ICUs do not permit flower delivery at all. Please check with the hospital before placing your order.
Flowers And Gifts Davao cannot issue a refund if unable to make a delivery due to these issues.
15. Refused Deliveries
Flowers And Gifts Davao is not responsible for any order where the recipient refuses to accept the item. Flowers And Gifts Davao will not issue refunds to any customer where the recipient, for whatever reason, will not accept the item or refuses delivery.
Refused items will be returned to our office and kept for you or the recipient to pick up within 30 days. We regret that we cannot release the items for pick up after 30 days. In such event no refund is possible.
16. Order Changes
To change your order, please contact us at fgdavao [at] gmail.com. Changes can only be made two business days or more prior to the scheduled delivery date.
17. Cancellation
Cancellations for a full refund are allowed if made five business days or more prior to the scheduled delivery date. If notice of cancellation arrives between five and two business days before the delivery date, we will deduct a 300php administration fee from your refund. If an order is cancelled less than 1 business day to the delivery date, no refund will be issued for the products.
Orders which have been prepared but have not left with our courier or delivery personnel may be cancelled but will incur a cancellation fee equal to the full price of the arrangement less the delivery fee.
Orders which have left with our couriers or delivery personnel cannot be cancelled.
18. Force Majeure
Flowers and Gifts Davao shall not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond the reasonable control. Flowers and Gifts Davao shall be entitled to a reasonable extension of time for the performance of such obligations. See Events Outside Our Control under Terms and Conditions
19. Payment Processing
Proof of Full Payment is Required before we can update your order status to “Processing”
Accepted Proof of Full Payment – Credit Card Transaction Receipt, Photo or Scan Copy of Remittance Receipt or Bank Deposit Slip, and Official Receipt issued on our local office.
It is the responsibility of the Buyer to provide Proof of Full Payment and send the file to fgdavao [at] gmail.com.
If you provide us with incorrect or invalid credit card or payment information, we cannot process your order. Full payment is required before we can process your order. You are responsible for paying the remittance or bank transfer fees that apply. We will attempt to contact you to resolve any issue, but you will be responsible for any issues arising as a result thereof.
20. Pricing
Orders will always be charged in Philippine Peso. Flowers And Gifts Davao cannot be held responsible for any currency conversion differences and/or charges made by your financial institution.
21. Return Policy
Flowers And Gifts Davao strives to provide the best customer service available. It is our belief that as a real flower shop, we understand and appreciate the concerns of Internet shoppers regarding the security and proper fulfillment of their orders. There is a slightly different returns policy for our fresh flower stocks, as they are perishable goods. We have established this return/refund policy to provide our customers with a complete understanding of how replacement orders or refunds are processed.
a. If an order is filled and delivered to the recipient and there is a question of the quality of the arrangement, the recipient should contact Flowers And Gifts Davao. If the flowers have been properly cared for and their is clearly a problem with the quality a replacement will be sent. Please notify us as soon as possible.
b. No replacements will be made for any order should the recipient or sender not notify Flowers And Gifts Davao within 24 hours of the original delivery date. You or the recipient must also return the flowers in their original wrapping and containers.
c. If you are not satisfied with a non-perishable gift item for any reason, you may return it to our shop for an exchange of equal value or a refund within 7 days of the purchase date on your receipt provided the items are returned unopened with the original packing materials and documentation.
d. Replacements are catered after 2 days of the original delivery date.
e. Please note that we can refund shipping/delivery fees only if the return is a result of our error. Otherwise, you will receive a replacement of the specialty gift item, but the original and return shipping fee will not be refunded.
f. Flowers And Gifts Davao is not liable for customer errors that result in the over-ordering of a product. During the checkout process the customer is provided with a total of the order PRIOR to the order being submitted. The customer is given the option to remove items or reduce the quantity ordered. Flowers And Gifts Davao makes every effort to review orders where multiple quantities of a same item are ordered but we do not guarantee, nor are we liable, for any order sent out exactly as the customer ordered. If a customer orders more than one of any single item but meant to send a lesser quantity and the ordered amount is sent to the recipient, no refund can be offered since what was ordered is what will be delivered.
g. Flowers And Gifts Davao reserves the right to reject any order provided to us that we deem questionable or possibly fraudulent. When Flowers And Gifts Davao receives an order, we review the entire order and periodically compare the information provided to us with the bank of the person placing the order. If we determine that fraudulent information is provided we will send an email or phone call to the sender to inform them of the situation to determine if the information was provided in error.
22. Amendments
The contents of this Website, including these Delivery and Refund Policy, any information contained on this Website and our Privacy Policy are subject to change and to being updated without notice from time to time.
Privacy Policy
This Privacy Policy governs the manner in which Flowers and Gifts Davao collects, uses, maintains and discloses information collected from users of the website, www.FlowersAndGiftsDavao.com. This privacy policy applies to the Site and all products and services offered by Flowers and Gifts Davao.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site place an order fill out a form respond to a survey subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, delivery address, phone number, and other pertinent details necessary for the delivery process.
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Flowers and Gifts Davao collects and uses Users personal information for the following purposes:
• To improve customer service – Your information helps us to more effectively respond to your customer service requests and support needs.
• To personalize user experience – We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site – We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To process transactions – We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
• To send periodic emails – The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Our 3rd party credit card processing service is in compliance with PCI Level 1 vulnerability standards in order to create as secure of an environment as possible for Users.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\’s own terms and policies.
Changes to this privacy policy
Flowers and Gifts Davao has the discretion to update this privacy policy at any time. When we do, post a notification on the main page of our Site,. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Flowers And Gifts Davao
Lopez Jaena Street corner V. Mapa Street
Poblacion District
8000 Davao City, Davao del Sur, Philippines
Email: fgdavao (at) gmail.com